Migratory Bird Subsistence Harvest in Alaska; Updates to the Regulations
| Published date | 17 November 2020 |
| Citation | 85 FR 73233 |
| Record Number | 2020-24195 |
| Section | Rules and Regulations |
| Court | Fish And Wildlife Service |
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Federal Register / Vol. 85, No. 222 / Tuesday, November 17, 2020 / Rules and Regulations
the Administrator of this final action
does not affect the finality of this action
for the purposes of judicial review nor
does it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such action. This action may not be
challenged later in proceedings to
enforce its requirements. (See section
307(b)(2)).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Greenhouse gases, Incorporation by
reference, Intergovernmental relations,
Lead, Nitrogen dioxide, Ozone,
Particulate matter, Reporting and
recordkeeping requirements, Sulfur
oxides, Volatile organic compounds.
Dated: October 29, 2020.
Gregory Sopkin,
Regional Administrator, Region 8.
[FR Doc. 2020–24443 Filed 11–16–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Parts 59 and 64
[Docket ID FEMA–2019–0016]
RIN 1660–AA92
Revisions to Publication Requirements
for Community Eligibility Status
Information Under the National Flood
Insurance Program; Correction
AGENCY
: Federal Emergency
Management Agency; DHS.
ACTION
: Final rule; correction.
SUMMARY
: On October 30, 2020, FEMA
published in the Federal Register a final
rule revising publication requirements
for community eligibility status
information under the National Flood
Insurance Program that contained
erroneous amendatory instructions. This
final rule provides corrections to those
instructions, to be used in lieu of the
information published October 30.
DATES
: This correction is effective
December 2, 2020.
FOR FURTHER INFORMATION CONTACT
:
Adrienne Sheldon, Supervisory
Emergency Management Specialist,
Floodplain Management Division,
Federal Insurance and Mitigation
Administration, Federal Emergency
Management Agency, 400 C Street SW,
Washington, DC 20472,
adriennel.sheldon@fema.dhs.gov, (202)
674–1087.
SUPPLEMENTARY INFORMATION
: In FR Doc.
2020–23970, beginning on page 68782
in the Federal Register of Friday,
October 30, 2020, the following
corrections are made:
PART 64—[Corrected]
1. On page 68790, in the first column,
in part 64, the authority citation ‘‘The
authority citation for part 61 continues
to read as follows:’’ is corrected to read
‘‘The authority citation for part 64
continues to read as follows:’’
2. On page 68790, in the first column,
in part 64, the authority citation
‘‘Authority: 42 U.S.C. 4001 et seq.;
Reorganization Plan No. 3 of 1978, 3
CFR, 1978 Comp.; p. 329; E.O. 12127, 44
FR 19367, 3 CFR, 1979 Comp.; p. 376.’’
is corrected to read ‘‘Authority: 42
U.S.C. 4001 et seq., Reorganization Plan
No. 3 of 1978, 3 CFR, 1978 Comp., p.
329; E.O. 12127, 44 FR 19367, 3 CFR,
1979 Comp., p. 376.’’
3. On page 68790, in the first column,
in part 64, instruction number 4 is
corrected to read ‘‘Revise § 64.6 to read
as follows:’’.
Dated: November 12, 2020.
Shabnaum Q. Amjad
Deputy Associate Chief Counsel, Regulatory
Affairs Division, Office of Chief Counsel
Federal Emergency Management Agency.
[FR Doc. 2020–25320 Filed 11–16–20; 8:45 am]
BILLING CODE 9111–52–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[WC Docket No. 12–375; FCC 20–111; FRS
17218]
Rates for Interstate Inmate Calling
Services; Correction
AGENCY
: Federal Communications
Commission
ACTION
: Final rule; correction.
SUMMARY
: The Federal Communications
Commission published a document in
the Federal Register on October 23,
2020, adopting rules concerning
ancillary services charges associated
with interstate inmate calling services.
The document contained typos.
DATES
: Effective November 23, 2020.
FOR FURTHER INFORMATION CONTACT
: Irina
Asoskov, 202–418–2196.
SUPPLEMENTARY INFORMATION
:
Correction
In the Federal Register of October 23,
2020, starting on page 67450, in FR Doc.
2020–19951, make the following
corrections:
1. On page 67450, in the second
column, correct the second sentence of
the
SUMMARY
section to read:
SUMMARY
: * * * In response to a
directive from the United States Court of
Appeals for the District of Columbia
Circuit, the Commission determined
that, except in limited circumstances, it
is impractical to separate out the
intrastate and interstate components of
ancillary service charges imposed in
connection with inmate calling services.
***
2. On page 67450, in the third
column, correct the first sentence of the
SUPPLEMENTARY INFORMATION
section to
read:
SUPPLEMENTARY INFORMATION
: This is a
final rule summary of the Commission’s
Report and Order, released August 7,
2020. * * *
Dated: October 30, 2020.
Marlene Dortch,
Secretary, Federal Communications
Commission.
[FR Doc. 2020–24905 Filed 11–16–20; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 92
[Docket No. FWS–R7–MB–2020–0022;
FXMB12610700000–201–FF07M01000]
RIN 1018–BF12
Migratory Bird Subsistence Harvest in
Alaska; Updates to the Regulations
AGENCY
: Fish and Wildlife Service,
Interior.
ACTION
: Final rule.
SUMMARY
: The U.S. Fish and Wildlife
Service (Service or we) is revising the
migratory bird subsistence harvest
regulations in Alaska. These regulations
allow for the continuation of customary
and traditional subsistence uses of
migratory birds in Alaska and prescribe
regional information on when and
where the harvesting of birds may
occur. These regulations were
developed under a co-management
process involving the Service, the
Alaska Department of Fish and Game,
and Alaska Native representatives. This
rule incorporates regulatory revisions
requested by these partners.
DATES
: This rule is effective December
17, 2020.
ADDRESSES
: You may find the comments
submitted on the proposed rule at the
Federal eRulemaking Portal: http://
www.regulations.gov in Docket No.
FWS–R7–MB–2020–0022.
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FOR FURTHER INFORMATION CONTACT
:
Cheryl Graves, U.S. Fish and Wildlife
Service, 1011 E Tudor Road, Mail Stop
201, Anchorage, AK 99503; (907) 786–
3887.
SUPPLEMENTARY INFORMATION
:
Background
The Migratory Bird Treaty Act of 1918
(MBTA, 16 U.S.C. 703 et seq.) was
enacted to conserve certain species of
migratory birds and gives the Secretary
of the Interior the authority to regulate
the harvest of these birds. The law
further authorizes the Secretary to issue
regulations to ensure that the
indigenous inhabitants of the State of
Alaska may take migratory birds and
collect their eggs for nutritional and
other essential needs during seasons
established by the Secretary ‘‘so as to
provide for the preservation and
maintenance of stocks of migratory
birds’’ (16 U.S.C. 712(1)).
The take of migratory birds for
subsistence uses in Alaska occurs
during the spring and summer, during
which timeframe the sport harvest of
migratory birds is not allowed.
Regulations governing the subsistence
harvest of migratory birds in Alaska are
located in title 50 of the Code of Federal
Regulations (CFR) in part 92. These
regulations allow for the continuation of
customary and traditional subsistence
uses of migratory birds and prescribe
regional information on when and
where the harvesting of birds in Alaska
may occur. The migratory bird
subsistence harvest regulations are
developed cooperatively by the Alaska
Migratory Bird Co-Management Council
(Council), which consists of the U.S.
Fish and Wildlife Service, the Alaska
Department of Fish and Game (ADFG),
and representatives of Alaska’s Native
population. The Council’s primary
purpose is to develop recommendations
pertaining to the subsistence harvest of
migratory birds.
This rule incorporates changes to the
subsistence harvest regulations that
were recommended by the Council in
2018 and 2019, as described below. This
rule also sets forth a list of migratory
bird season openings and closures in
Alaska by region.
Comments Received on the Proposed
Rule
Per the collaborative process
described above, we published a
proposed rule to update the regulations
for the taking of migratory birds for
subsistence uses in Alaska during the
spring and summer (85 FR 27698, May
11, 2020). By the end of the comment
period on the proposed rule, we
received nine comments. While some of
the comments pertained to issues that
are outside the scope of this rulemaking
action, we hereby respond to the
relevant issues that were raised in the
public input. We made no changes to
the proposed rule as a result of the input
we received via the public comments
(see Final Regulations, below, for more
information).
Issue: A commenter expressed
support for regulations that allow
indigenous people to engage in their
traditional subsistence and cultural
practices. Another commenter indicated
that the regulations seem to allow for ‘‘a
truly sustainable system,’’ but the
proposed rule did not include
information about limits to individual
harvests.
Response: The Service’s intent of
these regulations is to maintain
sustainable populations of migratory
birds concurrent with ensuring the
continuation of customary, traditional,
and cultural harvest of migratory birds
by rural residents of Alaska who are
eligible participants.
The distribution, types of species, and
levels of migratory bird harvest during
the spring–summer subsistence season
in Alaska are based on tradition,
culture, and nutritional needs. Harvest
levels are based on a tradition of: Take
only what is needed and leave the rest
for future generations. The Service
monitors the distribution, abundance,
and trend of migratory bird species via
aerial and ground-based surveys and
banding programs; adaptive harvest
management is based on these data.
Issue: Some commenters expressed
objections regarding Federal regulations
that allow killing of migratory birds for
any purposes, including subsistence
uses.
Response: The MBTA authorizes the
indigenous inhabitants of the State of
Alaska to take migratory birds and
collect their eggs for nutritional and
other essential needs during seasons
established by the Secretary of the
Interior. The proposed rule did not
address other types of potential
migratory bird mortality or criminal
violations of the MBTA.
Issue: A commenter expressed
support for Alaska Native customary
and traditional migratory bird
subsistence harvest throughout the
State. However, the commenter has
specific concerns about subsistence bird
harvest along the city of Kodiak road
system.
The commenter expressed concern
about wasteful bird harvest along the
Kodiak road system associated with the
fall–winter sport harvest and thinks that
a spring–summer hunt will have the
same issues. The commenter believes
that wasteful take could pose a serious
threat to local bird populations and is
concerned that there is no effort to
narrow the harvest list beyond the four
exceptions related to species of
conservation concern. The commenter
further expressed concerns about the
ability of regulatory officials to
administer and police a permit system
effectively in a community the size of
Kodiak. The commenter believes that
allowing a large, nonnative community
to take birds along the Kodiak road
system could injure subsistence
resources.
Response: The regulation will permit
the harvest of migratory birds and their
eggs during spring–summer in the
Kodiak Island Roaded Area by residents
of the Kodiak Archipelago Region of
Alaska for a 3-year trial period (2020–
2022) after which time the regulation
would sunset. The Service recognizes
the necessity to protect species of
conservation concern along the Kodiak
road system; thus, spring–summer
subsistence hunting and egg gathering
in the Roaded Area would remain
closed for Arctic terns, Aleutian terns,
mew gulls, and emperor geese. Arctic
and Aleutian tern nesting colonies have
declined by greater than 80 percent in
Alaska over the last 20 years, and only
a few colonies remain on Kodiak Island,
the largest of which are within the
Roaded Area. Thus, protecting these
tern species from further decline is a
high priority of the Service.
Furthermore, the Roaded Area would
remain closed to take of mew gulls and
eggs because colony-level disturbance
from targeted mew gull harvest could be
detrimental to nesting terns and mew
gull nests, and eggs may be confused
with those of terns resulting in
incidental harvest of tern eggs. Also, the
Roaded Area would remain closed to
take of emperor geese out of concern
that it would provide unrestricted
hunter access to a relatively small
wintering population of emperor geese
that utilize several bays near the road
system, potentially increasing harvest
vulnerability of a carefully managed
species.
The mandatory registration permit
hunt and required reporting of hunter
activity and harvest will allow
estimation of hunter participation, bird
and egg harvest, and harvest
composition during the 3-year trial
period; this information will be used to
inform a potential proposal and a
decision to reopen the Roaded Area to
subsistence hunting in the future. The
Roaded Area registration permit will be
administered by the ADFG Division of
Subsistence in cooperation with the
Sun’aq Tribe of Kodiak. Administration
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of the registration permit will be similar
to that of the registration permit for
subsistence hunting administered
successfully in Cordova, Alaska, with a
reporting rate of 93 percent.
Enforcement of regulations for the
Kodiak Island Roaded Area will be the
responsibility of the Service’s Office of
Law Enforcement. Enforcement
personnel are aware of cultural and
traditional practices of migratory bird
subsistence harvest by rural residents of
Alaska who are eligible to participate for
this permit hunt concurrent with the
need to ensure conservation of
migratory birds, particularly species of
conservation concern; of the necessary
adherence to specific regulations
requiring a permit and mandatory
harvest reporting; and that hunting and
egg gathering of Arctic terns, Aleutian
terns, mew gulls, and emperor geese
would remain closed in the Roaded
Area.
Proposed Regulatory Revisions
In the proposed rule, we set forth the
same subsistence harvest regulations in
subpart D, Annual Regulations
Governing Subsistence Harvest, as those
from the 2018 and 2019 subsistence
harvest seasons (see 83 FR 13684, March
30, 2018, and 84 FR 12946, April 3,
2019) for the 2020 season with the
following five exceptions:
(1) Yukon/Kuskokwim Delta Region 30-
Day Closure Period
The current date range at the Yukon
Delta National Wildlife Refuge to set the
30-day closure period to protect
waterbird species during their primary
nesting is June 1–August 15. However,
this timeframe does not allow for a
closure period that sufficiently protects
them during early nesting in years that
allow early nesting. This rule extends
the date range for the 30-day closure by
2 weeks on the front end to provide
refuge managers the flexibility to begin
the closure period in May in years that
allow early nesting.
(2) North Slope Region Unit Boundary
Change
This rule adjusts the boundary
between the Northern and Southern
Units of the North Slope Region in
Alaska to move the communities of
Atqasuk and Wainwright from the
Southern Unit to the Northern Unit.
Currently, season dates in the Northern
Unit better align with the timing of
hunting activities in Atqasuk and
Wainwright, relative to spring breakup
patterns and the phenology of migratory
birds, than those of the Southern Unit.
Accordingly, the change will result in
season dates that more effectively
balance the opportunity for hunters to
harvest birds and eggs with an
appropriate 30-day closure period to
protect birds during the primary nesting
period. This change in unit boundaries
is not expected to result in increased
harvest of birds and eggs in the North
Slope Region.
(3) North Slope Region 30-Day Closure
Period
While all Alaska subsistence harvest
regions, except the Yukon/Kuskokwim
Delta (YKD) Region, use fixed dates for
the mandatory 30-day primary nesting
period closure when bird and egg take
is prohibited, the North Slope Borough
Fish and Game Management Committee
in 2019 asked for flexible dates for the
30-day closure period in the North
Slope Region of Alaska. Accordingly,
we proposed to allow the dates for the
30-day closure period in the North
Slope Region to be changed from fixed
dates published in the Federal Register
to variable, annually derived dates if
environmental and biological conditions
warrant such a change. If a change in
dates is unwarranted, the dates
published in the Federal Register would
apply. This rule allows for a protocol
similar to that used by the YKD Region
that would allow for the 30-day closure
dates to be based on reports from field
biologists and local villagers of when
most birds have initiated nesting.
Outreach materials would announce the
closure dates.
(4) North Slope Region Special Brant
Hunting Season Boundary
This rule changes the southern
boundary of the Special Brant Hunting
Season on the North Slope Region of
Alaska. The regulations currently allow
harvest of migrating brant from June 20
through July 5 along the coastline and
in open water around the village of
Wainwright. The change extends the
boundary associated with the Special
Black Brant Hunting Season south and
west to include the entirety of
Kasegaluk Lagoon to provide hunters
from the village of Point Lay the
opportunity to harvest migrating brant.
While this boundary change may
increase brant harvest slightly in the
North Slope Region, any additional
harvest is expected to have negligible
impact to brant population status.
(5) Kodiak Archipelago Region Kodiak
Island Roaded Area Closure
This rule allows migratory bird
hunting and egg gathering by
registration permit in the Kodiak Island
Roaded Area in the Kodiak Archipelago
Region of Alaska for a 3-year trial period
(2020–2022). This rule change will
allow all residents of the Kodiak
Archipelago Region the opportunity to
participate in subsistence hunting
activities without the need for a boat.
Current regulations close the Roaded
Area to all subsistence migratory bird
hunting and egg gathering, but allow
these activities in adjacent marine
waters beyond 500 feet from shore,
including offshore islands where access
requires a watercraft.
The required registration permit and
the mandatory reporting of hunter
activity and harvest will allow
estimation of hunter participation, bird
and egg harvest, and harvest
composition during the 3-year trial
period. These data will inform a
potential proposal and decision to
reopen the Roaded Area to subsistence
hunting in the future. To protect species
of conservation concern, spring–
summer subsistence hunting and egg
gathering for Arctic terns, Aleutian
terns, mew gulls, and emperor geese
would remain closed in the Roaded
Area.
Final Regulations
We are making no changes to the
regulatory revisions proposed in our
May 11, 2020, document (85 FR 27698)
as a result of the input we received via
the public comments. We are, however,
making two changes to the proposed
regulations at § 92.31(g) to correct
errors, as described below.
In the proposed revisions to
paragraph (g)(1), we included three
references to the ‘‘North Slope Borough
boundary;’’ in the final rule, we change
these references to the ‘‘North Slope
regional boundary.’’ The current
regulations in § 92.31(g) refer to the
‘‘North Slope regional boundary,’’ and
we should have been consistent and
used that same terminology in the
proposed rule. This correction of the
boundary description will have no
negative repercussions to subsistence
hunters. On the contrary, this change
will make the boundary description
more accurate, and clarity of geographic
boundaries is essential for hunters and
for the production of consistent maps
for public outreach and regulations
booklets.
The proposed revisions to paragraph
(g)(4) included this line, which we are
now removing, ‘‘The 30-day closure
period will occur between June 7 and
July 29 of each year.’’ This specific
closure period was not part of the
Council’s proposal. Moreover, this
language was not included in the
proposed rule in the section of the
preamble that described the proposed
regulatory changes pertaining to the
North Slope Region. Addition of this
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language was an administrative error,
and we remove it from the final rule. As
described in the preamble, the closure
period will allow for flexible dates
based on environmental and biological
conditions.
Compliance With the MBTA and the
Endangered Species Act
The Service has dual objectives and
responsibilities for authorizing a
subsistence harvest while protecting
migratory birds and endangered and
threatened species. Although these
objectives continue to be challenging,
they are not irreconcilable, provided
that: (1) Regulations continue to protect
endangered and threatened species; (2)
measures to address documented threats
are implemented; and (3) the
subsistence community and other
conservation partners commit to
working together.
Mortality, sickness, and poisoning
from lead exposure have been
documented in many waterfowl species.
The Service will work with partners to
increase our education, outreach, and
enforcement efforts to ensure that
subsistence waterfowl hunting is
conducted using nontoxic shot.
Conservation Under the MBTA
We have monitored subsistence
harvest for more than 25 years through
the use of household surveys in the
most heavily used subsistence harvest
areas, such as the Yukon-Kuskokwim
Delta. Based on our monitoring of the
migratory bird species and populations
taken for subsistence, we find that this
rule will provide for the preservation
and maintenance of migratory bird
stocks as required by the MBTA.
Communication and coordination
between the Service, the Co-
management Council, and the Pacific
Flyway Council have allowed us to set
harvest regulations to ensure the long-
term viability of the migratory bird
stocks.
Endangered Species Act Consideration
Section 7 of the Endangered Species
Act of 1973, as amended (ESA; 16
U.S.C. 1531 et seq.) requires the
Secretary of the Interior to review other
programs administered by the
Department of the Interior and utilize
such programs in furtherance of the
purposes of the ESA. The Secretary is
further required to insure that any
action authorized, funded, or carried out
by the Department of the Interior is not
likely to jeopardize the continued
existence of any endangered species or
threatened species or result in the
destruction or adverse modification of
critical habitat.
Spectacled eiders (Somateria fischeri)
and the Alaska-breeding population of
Steller’s eiders (Polysticta stelleri) are
listed as threatened species under the
ESA. Their migration and breeding
distribution overlap with areas where
the spring and summer migratory bird
subsistence hunt is open in Alaska.
Neither species is included in the list of
subsistence migratory bird species at 50
CFR 92.22; therefore, both species are
closed to subsistence harvest.
The Alaska Division of Migratory Bird
Management conducted an intra-agency
consultation with the Service’s
Fairbanks Fish and Wildlife Field Office
on the proposed and a related interim
rule (85 FR 18455, April 2, 2020). The
consultation was completed with a
biological opinion that concluded these
rulemaking actions are not likely to
jeopardize the continued existence of
endangered or threatened species or
result in the destruction or adverse
modification of designated critical
habitat. Therefore, we have determined
that this rule complies with the ESA.
Required Determinations
Executive Order 13771—Reducing
Regulation and Controlling Regulatory
Costs
This rule is not subject to the
requirements of Executive Order 13771
(82 FR 9339, February 3, 2017) because
this rule would establish annual harvest
limits related to routine hunting or
fishing.
Regulatory Planning and Review
(Executive Orders 12866 and 13563)
Executive Order 12866 provides that
the Office of Information and Regulatory
Affairs (OIRA) will review all significant
rules. OIRA has determined that this
rule is not significant.
Executive Order 13563 reaffirms the
principles of E.O. 12866 while calling
for improvements in the nation’s
regulatory system to promote
predictability, to reduce uncertainty,
and to use the best, most innovative,
and least burdensome tools for
achieving regulatory ends. The
executive order directs agencies to
consider regulatory approaches that
reduce burdens and maintain flexibility
and freedom of choice for the public
where these approaches are relevant,
feasible, and consistent with regulatory
objectives. E.O. 13563 emphasizes
further that regulations must be based
on the best available science and that
the rulemaking process must allow for
public participation and an open
exchange of ideas. We have developed
this rule in a manner consistent with
these requirements.
Regulatory Flexibility Act
The Department of the Interior
certifies that this rule will not have a
significant economic impact on a
substantial number of small entities as
defined under the Regulatory Flexibility
Act (5 U.S.C. 601 et seq.). A regulatory
flexibility analysis is not required.
Accordingly, a Small Entity Compliance
Guide is not required. This rule would
legalize a preexisting subsistence
activity, and the resources harvested
will be consumed.
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule:
(a) Would not have an annual effect
on the economy of $100 million or
more. It legalizes and regulates a
traditional subsistence activity. It will
not result in a substantial increase in
subsistence harvest or a significant
change in harvesting patterns. The
commodities that will be regulated
under this rule are migratory birds. This
rule deals with legalizing the
subsistence harvest of migratory birds
and, as such, does not involve
commodities traded in the marketplace.
A small economic benefit from this rule
derives from the sale of equipment and
ammunition to carry out subsistence
hunting. Most, if not all, businesses that
sell hunting equipment in rural Alaska
qualify as small businesses. We have no
reason to believe that this rule would
lead to a disproportionate distribution
of benefits.
(b) Would not cause a major increase
in costs or prices for consumers;
individual industries; Federal, State, or
local government agencies; or
geographic regions. This rule does not
deal with traded commodities and,
therefore, would not have an impact on
prices for consumers.
(c) Would not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
This rule deals with the harvesting of
wildlife for personal consumption. It
would not regulate the marketplace in
any way to generate substantial effects
on the economy or the ability of
businesses to compete.
Unfunded Mandates Reform Act
We have determined and certified
under the Unfunded Mandates Reform
Act (2 U.S.C. 1501 et seq.) that this rule
will not impose a cost of $100 million
or more in any given year on local,
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State, or tribal governments or private
entities. The rule would not have a
significant or unique effect on State,
local, or tribal governments or the
private sector. A statement containing
the information required by the
Unfunded Mandates Reform Act is not
required.
Participation on regional management
bodies and the Co-management Council
requires travel expenses for some Alaska
Native organizations and local
governments. In addition, they assume
some expenses related to coordinating
involvement of village councils in the
regulatory process. Total coordination
and travel expenses for all Alaska
Native organizations are estimated to be
less than $300,000 per year. In a notice
of decision (65 FR 16405; March 28,
2000), we identified 7 to 12 partner
organizations (Alaska Native nonprofits
and local governments) to administer
the regional programs. The ADFG also
incurs expenses for travel to Council
and regional management body
meetings. In addition, the State of
Alaska would be required to provide
technical staff support to each of the
regional management bodies and to the
Council. Expenses for the State’s
involvement may exceed $100,000 per
year, but should not exceed $150,000
per year. When funding permits, we
make annual grant agreements available
to the partner organizations and the
ADFG to help offset their expenses.
Takings (Executive Order 12630)
Under the criteria in Executive Order
12630, this rule would not have
significant takings implications. This
rule is not specific to particular land
ownership, but applies to the harvesting
of migratory bird resources throughout
Alaska. A takings implication
assessment is not required.
Federalism (Executive Order 13132)
Under the criteria in Executive Order
13132, this rule does not have sufficient
federalism implications to warrant the
preparation of a federalism summary
impact statement. We discuss effects of
this rule on the State of Alaska in the
Unfunded Mandates Reform Act
section, above. We worked with the
State of Alaska to develop these
regulations. Therefore, a federalism
summary impact statement is not
required.
Civil Justice Reform (Executive Order
12988)
The Department, in promulgating this
rule, has determined that it would not
unduly burden the judicial system and
that it meets the requirements of
sections 3(a) and 3(b)(2) of Executive
Order 12988.
Government-to-Government Relations
With Native American Tribal
Governments
Consistent with Executive Order
13175 (65 FR 67249; November 6, 2000),
‘‘Consultation and Coordination with
Indian Tribal Governments,’’ and
Department of the Interior policy on
Consultation with Indian Tribes
(December 1, 2011), we sent letters via
electronic mail to all 229 Alaska
Federally recognized Indian tribes.
Consistent with Congressional direction
(Pub. L. 108–199, div. H, Sec. 161, Jan.
23, 2004, 118 Stat. 452, as amended by
Pub. L. 108–447, div. H, title V, Sec.
518, Dec. 8, 2004, 118 Stat. 3267), we
also sent letters to approximately 200
Alaska Native corporations and other
tribal entities in Alaska soliciting their
input as to whether or not they would
like the Service to consult with them on
the migratory bird subsistence harvest
regulations.
We implemented the amended treaty
with Canada with a focus on local
involvement. The treaty calls for the
creation of management bodies to
ensure an effective and meaningful role
for Alaska’s indigenous inhabitants in
the conservation of migratory birds.
According to the Letter of Submittal,
management bodies are to include
Alaska Native, Federal, and State of
Alaska representatives as equals. They
develop recommendations for, among
other things: Seasons and bag limits,
methods and means of take, law
enforcement policies, population and
harvest monitoring, education programs,
research and use of traditional
knowledge, and habitat protection. The
management bodies involve village
councils to the maximum extent
possible in all aspects of management.
To ensure maximum input at the village
level, we required each of the 11
participating regions to create regional
management bodies consisting of at
least one representative from the
participating villages. The regional
management bodies meet at least one
time each year to review and/or submit
proposals to the statewide body.
Paperwork Reduction Act of 1995 (PRA)
This rule does not contain any new
collections of information that require
Office of Management and Budget
(OMB) approval under the PRA (44
U.S.C. 3501 et seq.). We may not
conduct or sponsor and you are not
required to respond to a collection of
information unless it displays a
currently valid OMB control number.
OMB has reviewed and approved our
collection of information associated
with voluntary annual household
surveys that we use to determine levels
of subsistence take (OMB Control
Number 1018–0124, expires August 31,
2022).
National Environmental Policy Act
Consideration (42 U.S.C. 4321 et seq.)
Implementation of the Service’s 2013
supplemental environmental impact
statement on the hunting of migratory
birds resulted in changes to the overall
timing of the annual regulatory schedule
for the establishment of migratory bird
hunting regulations and the Alaska
migratory bird subsistence harvest
regulations. The programmatic
document, ‘‘Second Final Supplemental
Environmental Impact Statement:
Issuance of Annual Regulations
Permitting the Sport Hunting of
Migratory Birds (EIS 20130139),’’
addresses compliance with the National
Environmental Policy Act by the Service
for issuance of the annual framework
regulations for hunting of migratory
game bird species. We published a
notice of availability in the Federal
Register on May 31, 2013 (78 FR 32686),
and our Record of Decision on July 26,
2013 (78 FR 45376).
The annual regulations and options
are considered in a February 2020
environmental assessment, ‘‘Managing
Migratory Bird Subsistence Hunting in
Alaska: Hunting Regulations for the
2020 Spring/Summer Harvest.’’ Copies
are available from the person listed
under
FOR FURTHER INFORMATION
CONTACT
or at http://
www.regulations.gov.
Energy Supply, Distribution, or Use
(Executive Order 13211)
Executive Order 13211 requires
agencies to prepare Statements of
Energy Effects when undertaking certain
actions. This is not a significant
regulatory action under this Executive
Order; it allows only for traditional
subsistence harvest and improves
conservation of migratory birds by
allowing effective regulation of this
harvest. Further, this rule is not
expected to significantly affect energy
supplies, distribution, or use. Therefore,
a Statement of Energy Effects is not
required.
List of Subjects in 50 CFR Part 92
Hunting, Treaties, Wildlife.
Regulation Promulgation
For the reasons set out in the
preamble, we amend title 50, chapter I,
subchapter G, of the Code of Federal
Regulations as follows:
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73238
Federal Register / Vol. 85, No. 222 / Tuesday, November 17, 2020 / Rules and Regulations
PART 92—MIGRATORY BIRD
SUBSISTENCE HARVEST IN ALASKA
■1. The authority citation for part 92
continues to read as follows:
Authority: 16 U.S.C. 703–712.
■2. Amend § 92.31 by:
■a. Revising paragraph (b)(2);
■b. Adding a heading for paragraph (e);
■c. Revising the first sentence of
paragraph (e) introductory text and
adding a sentence following the first
sentence;
■d. Revising the introductory text of
paragraph (g)(1), paragraph (g)(1)(iii),
and introductory text of paragraph
(g)(2); and
■e. Redesignating paragraphs (g)(4) and
(5) as paragraphs (g)(5) and (6) and
adding a new paragraph (g)(4).
The revisions and additions read as
follows:
§ 92.31 Region-specific regulations.
* * * * *
(b) * * *
(2) Closure: 30-day closure dates to be
announced by the Service’s Alaska
Regional Director or his designee, after
consultation with field biologists and
the Association of Village Council
President’s Waterfowl Conservation
Committee. This 30-day period will
occur between May 15 and August 15 of
each year. A press release announcing
the actual closure dates will be
forwarded to regional newspapers and
radio and television stations.
* * * * *
(e) Kodiak Archipelago region. The
Kodiak Island Roaded Area is open to
the harvesting of migratory birds and
their eggs by registration permit only as
administered by the Alaska Department
of Fish and Game, Division of
Subsistence, in cooperation with the
Sun’aq Tribe of Kodiak. No hunting or
egg gathering for Arctic terns, Aleutian
terns, mew gulls, and emperor geese is
allowed for the Kodiak Island Roaded
Area Registration Permit Hunt. * * *
(g) * * *
(1) Southern Unit (Southwestern
North Slope regional boundary
northeast to Icy Cape, and everything
west of longitude line 161°55′ W and
south of latitude line 69°45′ N to the
west bank of the Sagavanirktok River
and south along the west bank to the
North Slope regional boundary, then
west to the beginning):
* * * * *
(iii) Special Black Brant Hunting
Season: June 20–July 5. The open area
consists of the coastline from the mean
high-water line outward to the North
Slope regional boundary to include
open water and barrier islands from
southern Kasegaluk Lagoon from
latitude line 69°16′ N to the north and
east to longitude line 158°30′ W.
(2) Northern Unit (From Icy Cape,
everything east of longitude line 161°55′
W and north of latitude line 69°45′ N to
the west bank of Sagavanirktok River
and north to 71°):
* * * * *
(4) Annual 30-day closure periods in
the Southern, Northern, and Eastern
Units of the North Slope Region may
differ from fixed dates (see unit-specific
closure dates in paragraphs (g)(1)
through (3) of this section) if
environmental and biological conditions
warrant such a change. After
consultation with Service field
biologists, the North Slope Borough
(NSB) Department of Wildlife
Management, and the NSB Fish and
Game Management Committee, the
Service’s Alaska Regional Director or
his/her designee may announce closure
dates that differ from those fixed dates.
* * * * *
George Wallace,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 2020–24195 Filed 11–16–20; 8:45 am]
BILLING CODE 4333–15–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 201103–0289]
RIN 0648–BJ20
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Fishery of the Gulf of Mexico; Gray
Snapper Management Measures
AGENCY
: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION
: Final rule.
SUMMARY
: NMFS issues regulations to
implement management measures
described in Amendment 51 to the
Fishery Management Plan for the Reef
Fish Resources of the Gulf of Mexico
(Gulf)(FMP), as prepared by the Gulf of
Mexico Fishery Management Council
(Council)(Amendment 51). This final
rule revises the harvest levels for the
gray snapper stock. In addition,
Amendment 51 establishes and modifies
status determination criteria for the
stock. The purposes of Amendment 51
and this final rule are to end overfishing
of gray snapper and achieve optimum
yield (OY).
DATES
: This final rule is effective
December 17, 2020.
ADDRESSES
: Electronic copies of
Amendment 51, which includes an
environmental assessment, a fishery
impact statement, a Regulatory
Flexibility Act analysis, and a regulatory
impact review, may be obtained from
the Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
amendment-51-establish-gray-snapper-
status-determination-criteria-and-
modify-annual-catch.
FOR FURTHER INFORMATION CONTACT
:
Peter Hood, NMFS Southeast Regional
Office, telephone: 727–824–5305, email:
peter.hood@noaa.gov.
SUPPLEMENTARY INFORMATION
: NMFS and
the Council manage the Gulf reef fish
fishery, which includes gray snapper,
under the FMP. The Council prepared
the FMP and NMFS implements the
FMP through regulations at 50 CFR part
622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
On February 28, 2020, NMFS
published a notice of availability for
Amendment 51 and requested public
comment (85 FR 11937). NMFS
approved Amendment 51 on May 18,
2020. On July 6, 2020, NMFS published
a proposed rule for Amendment 51 and
requested public comment (85 FR
40181). The proposed rule and
Amendment 51 outline the rationale for
the actions contained in this final rule.
A summary of the management
measures described in Amendment 51
and implemented by this final rule is
described below.
Unless otherwise noted, all weights in
this proposed rule are in round weight.
Background
Gray snapper in the Gulf exclusive
economic zone (EEZ) are managed as a
single stock with a stock annual catch
limit (ACL), and a stock annual catch
target (ACT). There is no allocation of
the stock ACL between the commercial
and recreational sectors. Generally, the
fishing season is open year-round,
January 1 through December 31.
However, accountability measures
(AMs) for gray snapper specify that if
commercial and recreational landings
exceed the stock ACL in a fishing year,
then during the following fishing year if
the stock ACL is reached or is projected
to be reached, the commercial and
recreational sectors will be closed for
the remainder of the fishing year. The
gray snapper ACL and AMs were
implemented in 2012 (76 FR 82044;
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